SPANISH LAW OF SERVICES OF THE INFORMATION SOCIETY (LSSI)
LUCTA, S.A., the controller of the website (hereinafter, the CONTROLLER) makes this document available to users for the purpose of complying with the obligations set forth in Act 34/2002 of 11 July, on Services of the Information Society and Electronic Commerce (LSSICE), BOE [Official State Journal] No. 166, and for the purpose of informing all website users about the conditions of use.
Any person who may access this website assumes the role of user, therefore undertaking to rigorously observe and comply with the provisions set forth herein, as well as with any other legal provision that may be applicable.
LUCTA, S.A. reserves the right to modify any type of information that could appear on the website, but without any obligation to previously notify or make users aware of such obligations, therefore understanding that publication on the website of LUCTA, S.A., is sufficient.
1. IDENTIFYING DATA
Domain name: www.lucta.com
Commercial name: LUCTA
Corporate name: LUCTA, S.A.
Tax ID No.: A08074908
Corporate address: C/ Serrano, 110 1º (Despacho 2) – 28006 MADRID
Recorded in the Registry (Companies/Public): Companies Registry of Madrid
2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
The website, including but not limited to its programming, edition, compilation, and all other elements that are necessary for the functioning thereof and all designs, logotypes, texts, and/or graphics are the property of the CONTROLLER, or if applicable, it holds a licence or has the express authorisation of the authors. All the content of the website is both duly protected by intellectual and industrial property regulations and is recorded in the corresponding public registries.
Regardless of the purpose for which the content may be used, the total or partial reproduction, use, operation, distribution, and marketing thereof requires, in any event, prior written authorisation from the CONTROLLER. Any use not previously authorised is considered a serious infringement of the intellectual or industrial property rights of the author.
All designs, logotypes, texts, and/or graphics that are unrelated to the CONTROLLER and that could appear on the website belong to the respective owners thereof, who are liable for any possible dispute that could arise regarding the same. The CONTROLLER expressly authorises third parties to redirect directly to specific content of the website and, in any event, to redirect to the main website of www.lucta.com.
For any type of observation regarding possible infringements of intellectual or industrial property rights, as well as regarding any of the website’s content, the following email address may be used: firstname.lastname@example.org.
3. EXEMPTION OF LIABILITY
The CONTROLLER is held harmless from any type of liability derived from the information published on its website whenever such information may have been manipulated or introduced by a third party unrelated to the CONTROLLER.
This website may use technical cookies (small information files that the server sends to the computer of a person who accesses the page) in order to carry out certain functions that are deemed essential for the correct functioning and display of the site. In any event, the nature of the cookies that are used is temporary. Their sole purpose is to make browsing more effective, and they disappear when the user’s session ends. In no event do these cookies provide personal data on their own, and they will not be used to collect personal data.
Users may set up their browser so that they are alerted about the reception of cookies and can prevent the installation thereof in their equipment. Please consult the instructions of your browser for further information.
From the website, it is possible to be redirected to the content of third-party websites. Given that the CONTROLLER cannot always control the content introduced by third parties on their respective sites, it does not assume any liability regarding such content. In any event, it will proceed to immediately remove any content that could be contrary to national or international legislation, morals, or public order, and it will proceed to immediately remove the redirection to said website and will inform the competent authorities about the content in question.
The CONTROLLER may not be held liable for the information and content that may be stored in certain media, including but not limited to forums, chats, blog generators, comments, social networks, or any other medium that allows third parties to publish content independently on the web page of the CONTROLLER. However, and in compliance with the provisions set forth in Articles 11 and 16 of the LSSICE, the CONTROLLER places itself at the disposal of all users, authorities, and securities forces, and it actively collaborates on the removal or, if applicable, blocking of all content that could affect or violate national or international legislation, the rights of third parties, morals, or public order.
In the event that a user deems that there is any content on the website that could be classified as such, they are asked to immediately notify the administrator of the website.
This website has been reviewed and tested so that it functions correctly. Initially, correct operation can be assured 365 days per year and 24 hours per day. However, the CONTROLLER does not discard the possibility that certain programming errors or that causes of force majeure, natural catastrophes, strikes, or similar circumstances could make it impossible to access the web page.
The servers of the website may automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer whenever it connects to the Internet. All this information is recorded in a duly registered activity file of the server, which allows data to be processed in order to obtain purely statistical measurements that allow knowing the number of page impressions, the number of visits made to web servers, the order of visits, the access point, etc.
4. APPLICABLE LAW AND JURISDICTION
For the resolution of any disputes or similar matters related to this website or the activities carried out on it, Spanish law shall apply. The parties submit themselves explicitly to Spanish law, and the resolution of any conflicts deriving from or related to the use of the website shall be the competence of the Courts and Tribunals closest to Madrid.
Last update: 12/03/2020
LEGAL NOTICE: This message and any attachments are intended exclusively for their destination and may contain confidential information subject to professional secrecy. Is not permitted their communication, reproduction or distribution without the express written permission of LUCTA, S.A.. If you are not the intended recipient, please delete and inform us by this channel.
DATA PROTECTION: According to the Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and Organic Law (ES) 3/2018, of 5 December (LOPDGDD), we inform you that the personal information and email addres obtained from the data subject, will be processed under the responsibility of LUCTA, S.A. to manage the relationship that binds us and the data will be stored for no longer than is necessary in maintaining the purpose of processing. The data will not be communicated to third parties, unless legally obliged to do so. You may exercise your rights of access, rectification, portability, erasure, restriction and opposition by contacting the address C/ Serrano, 110 – 1ª Dpcho. 2 28006 Madrid (Madrid) or by sending an email to email@example.com. You may file a claim with the supervisory authority at www.aepd.es
DATA UPDATE: In compliance with the principle of data accuracy established in article 5 of the RGPD and article 4 of LOPDGDD, we request you to communicate any variation or change in your personal data as soon as possible by using the e-mail address firstname.lastname@example.org
The purpose of this cookies policy is to provide clear and precise information about the cookies used on our website.
We use own and third-party cookies to improve our services, customise our website, make it easier for our users to browse, offer an improved experience when using the website, identify problems and thereby improve the website, carry out measurements and usage statistics and show you advertising related to your preferences by analysing use of the website.
WHAT ARE COOKIES?
Cookies and other similar technologies, such as local shared objects, flash cookies or pixels, are tools used by Web servers to store and recover information about website visitors, and also to ensure correct functioning of the website.
TYPES OF COOKIES
Types of cookies depending on the organisation managing them:
- Own cookies: these cookies are sent to the user’s terminal from a computer or domain managed by the owner of the website from which the service requested by the user is provided.
- Third-party cookies: these cookies are sent to the user’s terminal from a computer or domain not managed by the owner of the website from which the service requested by the user is provided, but by another organisation that processes the data obtained through the cookies. In addition, if the cookies are installed from a computer or domain managed by the Website owner but the information collected by them is managed by a third party, they will also be considered third-party cookies.
Types of cookies according to their purpose:
- Technical cookies: these are cookies that allow the user to browse a website, platform or application and to use the different options or services thereon, including those that the editor uses to allow management and operation of the website and enable its functions and services. These include, for example, monitoring traffic and data communication, identifying the session, accessing restricted access areas, remembering the component elements of an order, carrying out the order purchase process, managing the payment, monitoring any fraud associated with the security of the service, dealing with an application for registration or participation in an event, counting the number of visits for the purposes of invoicing licences for the software with which the service operates (website, platform or application), using security elements during browsing, storing content for the dissemination of videos or sound, enabling dynamic content (for example, animation to load a text or an image) or sharing content on social networks.
This category also includes, because of their technical nature, those cookies that allow management, as efficiently as possible, of any advertising spaces that, as one more element of design or “layout” of the service offered to the user, the editor has included on a website, application or platform based on criteria such as the content edited, without compiling information about the users for other purposes, such as customising this advertising content or other content.
- Preference or customisation cookies: these cookies are used to remember information so that the user can access the service with certain characteristics that differentiate his/her experience from that of other users such as, for example, the language, the number of results displayed when the user performs a search, the appearance or content of the service depending on the type of browser used by the user to access the service or the region from which he/she accesses the service, etc.
- Analytics or performance cookies: these cookies allow the person or entity responsible for them to monitor and analyse the behaviour of users of the websites with which they are associated, including quantifying the impacts of adverts. The information collected by this type of cookies is used to measure activity on the website, application or platform, in order to introduce improvements according to the analysis of the users’ data usage.
- Behavioural advertising cookies: these allow us to manage, as efficiently as possible, the advertising spaces on the website. These cookies store information on user behaviour obtained through continuous observation of his/her browsing habits, allowing us to develop a specific profile to show advertising adapted to that profile.
- Geolocation cookies: these are used to find a user’s location when he/she requests a service. This cookies is anonymous and is used, for example, to offer you relevant information depending on the country where you are located.
Types of cookies according to the length of time they remain active:
- Session cookies: these cookies are designed to collect and store data when the user accesses a website. They are generally used to store information that only needs to be kept for the provision of the service requested by the user on a single occasion (for example, a list of products bought) and disappear when the user logs off or ends the session.
- Persistent cookies: with these cookies, the data continue to be stored in the terminal and may be accessed and processed for a period defined by the person/entity responsible for the cookie, which may range from a few minutes to several years.
Types of cookies used according to need:
- Necessary Cookies: Necessary Cookies are absolutely essential for the website to function properly. This category only includes cookies that function basic functionalities and security features of the website. These cookies do not store any personal information.
- Non-Necessary Cookies: Non-Necessary cookies may not be particularly necessary for the website to function and are used specifically to collect personal data from the user through analysis, advertisements and other integrated content. It is mandatory to report its use and obtain the user’s consent on its use.
COOKIES USED ON OUR WEBSITE
CUADRO DE COOKIES DE COOKIEBOT (AÑADIR)
HOW ARE COOKIES DISABLED IN BROWSERS?
The user can, at any time, allow, block or delete the cookies installed on his/her device by changing the settings on the browser installed on his/her computer:
- Chrome: Chrome Settings -> Advanced -> Privacy -> Content settings
For more information, consult Google support or your browser Help.
- Explorer: Explorer tools -> Internet options -> Privacy -> Settings
For more information, consult Microsoft support or your browser Help.
- Firefox: Tools – > Options -> Privacy -> History -> Customised Settings
For more information, consult Mozilla support or your browser Help.
- Safari: afari Preferences -> Security
For more information, consult Apple support or your browser Help.
If you deactivate the cookies, it will not prevent you from browsing the website, but the use of some services may be limited and, consequently, your browsing experience may be less satisfactory.
The user may withdraw his/her consent relating to the Cookies Policy at any time, and may delete the cookies stored on his/her device by adjusting his/her internet browser settings, as described above, and also by accessing our settings panel:
GENERAL CONDITIONS OF SALE
The general conditions of sale are defined according to the subsidiary:
General Conditions of Sale for Lucta S.A.
1. SCOPE OF APPLICATION
These General Terms and Conditions of Sale (“Terms and Conditions”) will apply to any contract of sale agreed between LUCTA, S.A. (Lucta) and the Purchaser (referred to as separately as the “Party” and jointly as the “Parties”) as well as to any delivery of goods carried out by Lucta.
Lucta will be bound exclusively by these Terms and Conditions when it enters into a contract for the sale of goods. Any other terms and conditions differing from these will have no legal effect, unless they have been expressly agreed to in writing by both Parties.
Upon placing the order, the Purchaser declares that it has read and understood these Terms and Conditions beforehand and accepts each of the stipulations they contain, along with their express incorporation into the contract.
Unless expressly agreed otherwise in writing, all future purchases of goods by the Purchaser will be subject to these Terms and Conditions.
Quotes are solely for informative purposes and will not be binding upon Lucta until it has accepted the order placed by the Purchaser in writing. Lucta reserves the right to revise the quotes and prices before accepting the order and, as the case may be, after accepting the order, in accordance with the provisions of clause 9.
The acceptance of any quote by the Purchaser automatically implies the acceptance of these Terms and Conditions, provided they have not been expressly modified by the quote.
3. ORDERS AND ACCEPTANCE
Orders placed by the Purchaser must specify the name of the requested goods, the quantity, preferred delivery date and specific requirements for the products ordered. Lucta will not be liable for the non-conformity of the goods with respect to any specifications that were not notified to Lucta at the time of placing the order.
Any change to an order will be subject to the prior approval of Lucta, and may depend on the payment, by the Purchaser, of the costs and charges incurred by Lucta, including, but not limited to storage and shipment costs, costs of producing non-standard materials, costs of purchasing non-returnable materials, cancellation costs imposed on Lucta by its suppliers, and any other costs resulting from cancellation.
Lucta’s acceptance of the order will indicate the completion of the contract.
4. DELIVERY AND TRANSFER OF RISK
Goods will be delivered in accordance with the 2010 Incoterms (International Commercial Terms) expressly agreed upon with the Purchaser.
The risks pertaining to the goods will be transferred to the Purchaser at the moment the goods are placed at its disposal (the location will be determined in the agreed Incoterms).
Lucta may make partial deliveries, with the Purchaser’s prior agreement, by issuing an invoice for each consignment.
5. DELIVERY PERIOD
Unless otherwise agreed in writing, the delivery dates specified by Lucta are only estimates and do not imply a commitment to delivering the goods on a specific date. Delayed delivery will never be understood as a breach of contract by Lucta.
The delivery period will begin from the moment of confirmation of the order by Lucta. The delivery period will be considered completed when the delivery is ready for dispatch at the agreed place.
The delivery period will be extended by a reasonable time if, for reasons beyond Lucta’s will and control, it is not possible to comply with the agreed delivery period.
The delivery period will also be extended if the Purchaser changes the original order or the Purchaser is delayed in the fulfillment of its contractual obligations, particularly if the Purchaser delays the agreed payments or the delivery of the necessary documents.
Lucta will not be liable for any loss, damage or penalty as a result of any delay in or failure to manufacture, deliver or otherwise comply with these Terms and Conditions due to any cause beyond Lucta’s control, including, without limitation, any governmental act, regulation or request affecting the conduct of Lucta’s business, fire, explosion, accident, theft, criminal damage, riot, acts of war, strikes or other labor disputes, floods, storms or other natural disasters, delay in transportation, or inability to obtain necessary labor, fuel, materials or supplies at current prices. If, for reasons other than the foregoing, Lucta should delay or not deliver the goods, the Purchaser’s sole and exclusive remedy is to cancel its order by written notice to Lucta.
If, other than for the cases provided for in the preceding paragraph, the Purchaser wishes to make a claim for delay, it must do so in writing within five (5) calendar days from the date for delivery of the goods.
6. RECEIPT OF GOODS
If the purchaser does not collect or take receipt of all or any part of the goods on the date and at the location agreed upon, Lucta may choose to (i) cancel this and any other pending deliveries, charging to the Purchaser’s account any losses it may suffer; or (ii) it may choose to store the goods at the purchaser’s expense and risk and on the Purchaser’s account. The Purchaser will be obliged to bear the corresponding costs and expenses and held liable for the risks pertaining to loss and deterioration of the goods.
7. ACCEPTANCE OF Goods
The Purchaser will inspect and confirm the quality and quantity of the goods upon their delivery. If, within five (5) days after receipt of the goods, the Purchaser does not notify Lucta of the existence of apparent defects or lack of conformity or lack of material with respect to the items specified in the order, the goods received will be deemed to be irrevocably accepted, and the Purchaser waives the right to any claim.
The goods cannot be returned for credit, except with the express consent of Lucta and in strict compliance with Lucta’s return instructions. Prior to returning any goods, the Purchaser must obtain advance written authorization from Lucta and a written return authorization document in the form then in use by Lucta. Good must be returned within ninety (90) days of purchase and may be subject to a processing fee of 20% of their price.
Unless expressly agreed and in writing to the contrary, all prices will be deemed net, in euros and without any deduction.
Prices given in quotations, estimates, price schedules or other documents issued by Lucta prior to acceptance of the order are not binding on Lucta, barring the existence of a prior contract. The final price will be the one applicable on the date the order is accepted.
If the Purchaser decides to change the place of delivery and this implies a shipping surcharge, this surcharge will be borne by the Purchaser.
In this regard, and unless otherwise specified, any quotation provided by Lucta is firm only if the Purchaser places a corresponding order within the time specified on the quote document or, if no time period is mentioned, within thirty (30) days. The Purchaser must request shipment of the entire order within ninety (90) days from the date of order. Otherwise, Lucta may apply to future deliveries its standard prices at the time of shipment.
Additionally, Lucta reserves the right to increase the price of the goods before acceptance of the order if such increase is due to an increase in the cost of raw materials, labor, or any changes in applicable legislation or any other cause that Lucta cannot reasonably avoid. If such a modification occurs, the Purchaser will be entitled to withdraw from the contract within ten days of the notification of the new prices. If the Purchaser does not withdraw within that deadline, it will be deemed to expressly accept the new prices.
10. PAYMENT METHOD
Unless otherwise stated, payment in full will be made within thirty (30) days of the invoice.
All costs arising from the chosen payment method will be borne by the Purchaser. Invoices remaining unpaid after their due date will be subject to an interest charge of 1.5% per month (or the maximum rate allowed by law, whichever is the highest). The Purchaser undertakes to pay all expenses, including but not limited to expenses of the chosen payment method, reasonable attorney and accounting fees and other expenses of collection resulting from any breach of these Terms and Conditions by the Purchaser.
The agreed payment dates must be fulfilled by the Purchaser even if the delivery or, as appropriate, the shipping, is delayed for reasons beyond Lucta’s control or responsibility.
If Lucta considers it appropriate, it may request the Purchaser to provide the necessary guarantees to ensure the Purchaser complies with its contractual obligations, optionally suspending the delivery of goods until such guarantees are issued. The wording and content of the guarantees will be supplied by Lucta.
11. RETENTION OF TITLE
Lucta will retain ownership of the goods supplied until the payments agreed with the Purchaser have been made in full. The Purchaser authorizes Lucta to record its retention of title in public registries and must sign any documentation required for such purposes.
If the purchaser fails to meet any of its payment obligations, Lucta will be entitled to directly repossess the goods and withdraw them from where they have been deposited, without the need to seek judicial intervention.
12. REPRESENTATIONS AND WARRANTIES
Lucta guarantees that, to the best of its knowledge and understanding, on the delivery date, the goods will conform to the specifications agreed to in the order and to the applicable Spanish legislation.
The goods are sold without subsequent guarantees and without any form of commitment on the part of Lucta concerning their possible processing, potential applications and marketability. Lucta’s sole and exclusive liability and the Purchaser’s exclusive remedy with respect to goods, proved to Lucta’s satisfaction to be defective or nonconforming, will be the replacement of such goods without charge or refund of the purchase price, at Lucta’s sole discretion, upon the return of such goods in accordance with Lucta’s instructions.The Purchaser may not make any claims against Lucta for any costs or expenses it may incur with third parties in order to remedy any defects or lack of conformity in the goods beyond the limitation of liability provided for in clause 17.
13. USE OF THE PRODUCTS
The Purchaser acknowledges that the products have not been independently tested by Lucta for safety and efficacy in food, drugs, medical devices, cosmetics, e-cigarettes, vaporizer devices, commercial or any other use, unless otherwise stated in the documentation provided by Lucta.
The Purchaser expressly represents and warrants that it will properly test, use, manufacture and market any products purchased from Lucta and/or materials produced with products purchased from Lucta in accordance with the practices of an expert in the field and in strict compliance with all applicable current and future laws and regulations.
The Purchaser is responsible for verifying the risks and conducting any further research necessary to understand the hazards involved in using Lucta’s products. The Purchaser also assumes the obligation to inform its employees, partners and auxiliary personnel (such as freight handlers, etc.) of any risks involved in using or handling the products.
The Purchaser agrees to comply with the instructions, if any, supplied by Lucta relating to the use of Products and to not misuse the Products in any manner. If the products purchased from Lucta are to be repackaged, re-labeled or used as base materials or components of other products, the Purchaser undertakes to verify the tests carried out by Lucta on the Purchaser’s finished products. No products purchased from Lucta will, unless otherwise stated, be considered to be food, drugs, medical devices or cosmetics.
14. TECHNICAL SUPPORT
At the Purchaser’s request, Lucta may, at its sole discretion, provide technical assistance and information with respect to its products. Lucta makes no warranties of any kind or nature, express or implied, including any implied warranty of marketability or fitness for any particular purpose, with respect to technical assistance or information provided by Lucta or its personnel. Any suggestions by Lucta regarding use, selection, application or suitability of its products will not be construed as an express warranty unless specifically designated as such in a document signed by an authorized representative of Lucta
15. CATALOGS AND DOCUMENTS
The information contained in the technical documents and catalogs will be binding only when it is expressly stipulated in those documents.
All the documents provided by Lucta to the Purchaser will be considered the exclusive property of Lucta, and as such, they are confidential and cannot be transferred to third parties nor copied, without Lucta’s prior written consent.
The sale of goods by Lucta does not under any circumstances represent the transfer of any licenses under any patent related to its products or the composition thereof, and the purchaser expressly assumes all risks pertaining to patent infraction as a result of the use of the goods or sale of products derived therein, whether individually or in combination with other materials, or prepared by means of any particular process.
17. DAMAGES AND LIMITATION OF LIABILITY
Claims on the guarantee and for liability are exhaustively regulated by these Terms and Conditions.
The maximum liability of Lucta, for any reason, will not in any event exceed the price of the specific product supplied. Lucta will not be held liable for loss of production, loss of profits, loss of earnings or revenues, delays, claims against or from customers, nor for any other indirect or consequential damage or harm (whether contractual or tortious) that may be suffered by a Purchaser who acquires or uses Lucta’s products or by the Purchaser’s customers.
Lucta will not be liable for the harm suffered by the Purchaser as a result the Purchaser’s acts or omissions or those of its employees and representatives in relation to the contract or the goods, exceeding the amount of the purchase price of the goods, excluding VAT, customs duties, insurance premiums and other costs other than the cost of the goods themselves.
18. BREACH OF CONTRACT BY THE PURCHASER
In the event of breach or lack of timely or adequate fulfillment of any of the Purchaser’s obligations, Lucta will have the right to terminate the contract in full or in part or to suspend the delivery of products or its execution in full or in part, without prejudice to Lucta’s remaining rights. The foregoing will be carried out by means of a written notification to this effect, without the need for subsequent warning of the breach and without Lucta incurring any liability for any damages that any such termination or suspension may cause to the Purchaser.
The termination of the contract will entail the acceleration of all the amounts owed by the Purchaser for this and other purchases, which will become due and payable.
Lucta may choose to require payment of the sums owed or the immediate return of the goods, which the Purchaser will be obliged to return immediately upon first request by Lucta, with all shipping and other return-related costs to be borne by the Purchaser, along with payment of any harm or losses caused to Lucta.
If such goods are not returned by the Purchaser, Lucta will be entitled to recover the goods sold without the need for a new request, notice or judicial intervention.
19. FORCE MAJEURE
For the purposes of these Terms and Conditions, force majeure will be declared when there exists any contingency, circumstance or cause beyond the control of the Party making the declaration, including the following: riots, wars, civil disturbances, fires, floods, earthquakes, storms, explosions, strikes, closures, stoppage of machinery or factories and the impossibility of obtaining raw materials, equipment, energy or transport.
If, as a result of force majeure, either of the Parties is unable to meet any contractual obligation (excluding the payment of sums owed), that Party will be released from the obligation, provided that it notifies the other Party in writing and specifies the commencement and nature of the force majeure. The party declaring force majeure must provide immediate notification of the end of the cause that prompted the declaration.
Lucta will not be liable for any damage or loss arising from breach of contract or failure to comply promptly and in full with its obligations by reason of force majeure.
This clause is applicable both to Lucta and to the Purchaser. Notwithstanding the foregoing sections of this clause, if the force majeure event affects the Purchaser, it will not be released from any of its obligations to accept and pay for goods that are acquired prior to the receipt by Lucta of the force majeure notification. Nor may the Purchaser make a declaration of force majeure in order to delay the payment of sums owed.
If the cause of the force majeure should impede fulfillment of the obligation to deliver, Lucta will have the right to distribute, however it deems reasonable, the quantities of useful products among its customers in accordance with their requirements.
20. CONFIDENTIALITY AND DATA PROTECTION
Pursuant to Spanish Organic Law 15/1999 of 13 December, on the Protection of Personal Data (Ley Orgánica 15/1999 de 13 de diciembre, de Protección de Datos de Carácter Personal) and Law 34/2002 of 11 July, on Information Society and Electronic Commerce (Ley 34/2002 de 11 de julio, de la Sociedad de la Información y de Comercio Electrónico), the personal data provided by the Purchaser form part of Lucta’s customer and/or supplier database, created for the purpose of maintaining the contractual relationship, the control and management of sales and their corresponding collection, and, as applicable, the sending of information, by any means, on Lucta’s products and services.
Lucta will treat this data with utmost confidentiality and undertakes not to use it for any purpose other than the one for which it was gathered, as well as to safeguard the data with the necessary measures to guarantee its safety and prevent any unauthorized access, alteration, deletion, or processing.
The Purchaser may exercise its rights of access, rectification, cancellation and opposition by writing to C/ de Can Parellada, 28 – 08170 Montornès del Vallès (Barcelona) to the attention of the personal data manager.
Neither Party will transfer this contract without the other Party’s prior written consent. Notwithstanding the foregoing, Lucta may transfer the contract, in whole or in part, (informing the Purchaser in advance) to any of the companies that form part of Lucta’s same business group.
Unless required by the specific context, each stipulation in these Terms and Conditions will be taken as independent from the rest. If any stipulation is declared fully or partially null or unenforceable, this will not affect the validity or enforceability of the remaining clauses of the Terms and Conditions.
23. WAIVER OF RIGHTS
The failure of either Party to exercise any right to which they are entitled under these Terms and Conditions will not be taken to mean a waiver thereof, nor will it impede the exercising of the rights at any time in the future.
24. NOTIFICATIONS AND LANGUAGE
Any notifications to be made to Lucta must be sent to the address contained in the acceptance of order or to an address subsequently given to the Purchaser. Notifications to be made to the Purchaser must be sent to the address given by the Purchaser or to its last known address. Notifications will be made by any means that allows confirmation of receipt, including email.
In the event of any discrepancies between texts written in Spanish and those written in any other language, as regards the contract or any other documentation concerning the sale of the goods, the text in Spanish will prevail.
25. APPLICABLE LAW AND COMPETENT JURISDICTION
Any contract that is subject to these Terms and Conditions will be governed by and interpreted in accordance with Spanish law.
The Parties expressly waive any jurisdiction to which they may be entitled and agree to submit to the Courts and Tribunals of the city of Barcelona (Spain) any dispute or litigation arising from the validity, interpretation, fulfillment or performance of the contract, these Terms and Conditions, as well as from the acts or transactions contemplated herein.
General Conditions of Sale for Lucta Polska Sp. z o.o.
These General Conditions of Sale (hereinafter GCS) shall apply to any contract of sale agreed between the parties as well as to any delivery of goods carried out by Lucta Polska Sp. z o.o. (hereinafter, LUCTA). LUCTA shall be exclusively bound by these conditions when it enters into a contract for the sale of goods. Any other terms and conditions differing from GCS shall have no legal effect, unless they have been expressly agreed to in writing by both parties of the contract.
Upon placing the order, the purchaser declares that it has read and understood GCS and accepts each and every one of their stipulations, along with their express incorporation into the contract.
Unless expressly agreed otherwise in writing, all future purchases of goods by the purchaser shall be subject to these GCS.
2. ORDERS AND ACCEPTANCE
The orders placed by the purchaser shall specify the name of the goods requested, the quantity, the preferred delivery date and the specific legal requirements for the goods in question. LUCTA shall reject liability for any non-conformity on the part of the goods in relation to any of the specifications, whether imposed by the purchaser’s own regulations or otherwise, if said specifications were not communicated to LUCTA at the time the order was placed.
LUCTA’s acceptance of the order in writing shall indicate completion of the contract.
Quote are presented for solely informative purposes and shall not be binding upon LUCTA; the contract is concluded at the moment LUCTA accepts in writing the order placed by the purchaser. LUCTA reserves the right to revise the quotes and prices it presents during this process and after this process.
The acceptance of any quote by the purchaser automatically implies the acceptance of these GCS, provided they have not been expressly modified by said quote.
Unless expressly agreed otherwise in writing, all prices shall be considered net, in euros, and with no deductions.
The prices indicated in the valuations, estimates, rates and other documents issued by LUCTA prior to accepting the order shall not be binding upon the former, unless a contract is already in force. The definitive price shall be that which is applicable on the date the order is accepted.
If the purchaser wishes to change the delivery address and said change incurs additional transport costs, these costs shall be covered by the purchaser.
Notwithstanding the above, LUCTA reserves the right to raise the price of goods after acceptance of the order if said raise is the result of an increase in the cost of raw materials, labor costs, any change in the legislation or any other occurrence that LUCTA cannot reasonably avoid in the course of its normal activity. When such a situation occurs, the purchaser shall be entitled to withdraw from the contract within a period of 10 days following notification of the new prices. If it does not withdraw within the period indicated, it shall be understood that the purchaser has expressly accepted the new prices.
5. PAYMENT METHOD
The purchaser must comply with the payment due-dates that have been agreed, even in the event that delivery (or transportation) has been delayed for reasons beyond LUCTA’s control and for which it is not responsible.
Any costs arising from the chosen method of payment shall be covered by the purchaser.
If LUCTA considers it appropriate, it may request from the purchaser the guarantees it considers necessary to ensure the purchaser complies with its contractual obligations. In such a situation there is a possibility of suspending the delivery of goods until a guarantee exists. The wording and content of said guarantees shall be supplied by LUCTA.
6. DELIVERY AND TRANSFER OF RISK
Goods shall be delivered in accordance with the 2010 Incoterms (International Commercial Terms) expressly agreed upon with the purchaser.
The risks pertaining to the goods shall be transferred to the purchaser at the moment the goods are placed at its disposal (the location shall be determined in accordance with the Incoterms agreed upon).
LUCTA may carry out partial deliveries, with the purchaser’s agreement, and shall issue an invoice for each separate consignment.
7. DELIVERY PERIOD
The delivery period shall begin from the moment the order is confirmed in writing by LUCTA. The delivery period shall be understood to be completed when the delivery is ready to be dispatched to the agreed address.
The delivery period shall be extended by a reasonable period of time if, for reasons beyond LUCTA’s will and control, it is not possible to comply with the agreed delivery period.
The delivery period shall also be extended if the purchaser changes the original order or the purchaser is delayed in the fulfillment of its contractual obligations towards LUCTA, particularly if the purchaser delays the agreed payments or the delivery of the necessary documents.
8.BREACH OF CONTRACT REGARDING DELIVERY OR RECEIPT
Delivery periods shall be taken in good faith and LUCTA shall make all efforts to ensure deliveries are made within the agreed period. However, delayed dispatch may never be taken as a breach of contract on the part of LUCTA.
If the purchaser does not take receipt of all or any part of the goods on the date and at the location agreed upon, LUCTA may choose to cancel this and any other pending deliveries, charging to the purchaser’s account any losses it may suffer; or it may choose to store the goods at the purchaser’s cost and risk and on the purchaser’s account. The purchaser is obliged to bear the corresponding costs and expenses and will be held liable for the risks pertaining to loss and deterioration of the goods.
If the purchaser wishes to lodge a claim as the result of a delay, it must do so in writing within 5 calendar days following the date of delivery of the goods. Once said period has passed, the purchaser shall lose any compensatory measures or rights to lodge a claim against LUCTA in relation to the delay.
9. ACCEPTANCE OF GOODS
The purchaser shall check and confirm the quality and quantity of the goods upon their delivery. Once the goods have been checked they shall be considered accepted by the purchaser, who thus renounces all rights to complaint or claim.
Notwithstanding the above, the purchaser shall have a period of 30 calendar days following receipt of the goods in which to lodge a claim for any hidden defects discovered therein. Once said period has passed, the purchaser shall lose any compensatory measures or rights to lodge a claim against LUCTA in relation to delivered goods.
The purchaser is obliged to keep all defective goods for LUCTA’s inspection.
10. RETENTION OF TITLE
LUCTA shall retain ownership of the goods supplied until the payments agreed with the purchaser have been made in full. The purchaser authorizes LUCTA to record its retention of title in public registries and shall be obliged to sign any documentation that is required for said purposes.
If the purchaser should fail to meet any of its payment obligations, LUCTA shall be entitled to directly repossess the goods and withdraw them from where they have been deposited, without the need to seek judicial intervention or to demand the payment.
If LUCTA decides to take back the goods, the total costs of such delivery to LUCTA shall be covered by the purchaser.
The above rules do not refer to the situation when the complete payment is made before delivery of goods. In such circumstances the ownership of goods shall be transferred to the purchaser at the moment of delivery.
11. QUALITY GUARANTEE
LUCTA guarantees that on the delivery date, the goods shall, to the best of its knowledge and understanding, conform to the specifications agreed to in the order and to the applicable Polish legislation.
The goods shall be sold without subsequent guarantees and without any form of commitment on the part of LUCTA concerning their possible processing, potential applications and salability.
The purchaser may not lodge any claims against LUCTA for any costs or expenses it may incur with third parties in order to remedy any defects or lack of conformity in the goods beyond the limitation of liability provided for in clause 12 below.
12. DAMAGES AND LIMITATION OF LIABILITY
Claims on the guarantee and for liability are exhaustively regulated by these GCS.
LUCTA shall not be held liable for any contractual or non-contractual damage, such as those resulting from loss of production, use, orders and profits (including loss of earnings), or for any other direct, indirect or consequential damage.
Unless otherwise agreed, Lucta’s liability for the damages that the purchaser may suffer shall not exceed the value of the goods affected at the time of sale.LUCTA shall not be held liable for any damages and losses the purchaser may suffer as a result of the purchaser’s actions or omissions (or those of its employees and representatives).
The sale of goods by LUCTA does not under any circumstances represent the transfer of any licenses under any patent related to its products or the composition of same. The sale of goods by LUCTA does not under any circumstances represent the transfer of any intellectual property or rights referring to goods. The purchaser shall expressly assume all risks pertaining to patent infraction as a result of the use of the goods or sale of products derived therein, whether individually or in combination with other materials, or prepared by means of any particular process
14. BREACH OF CONTRACT ON THE PART OF THE PURCHASER
If the purchaser breaches the contract or fails on a specific occasion to comply with – or does not adequately meet – its obligations, LUCTA shall have the right to terminate the contract in full or in part or to suspend its execution in full or in part. The foregoing shall be carried out by means of a written notification to this effect, without the need for prior warning of the breach. In such circumstances LUCTA will not be held liable for any damages that the said termination or suspension may cause the purchaser.
Termination of the contract shall imply early settlement of all the sums owed by the purchaser to the seller in relation to this and other purchases.
LUCTA may choose to demand payment of the sums owed or the immediate return of the goods, which the purchaser shall be obliged to return immediately if asked to do so by LUCTA, with all transport and other costs related to the return of same to be covered by the purchaser, along with payment of any damages or for any losses suffered by LUCTA.
If said goods are not returned by the purchaser, LUCTA shall be entitled to demand payment or to recover them without being required to either issue a new request or to seek judicial notification or intervention.
15. FORCE MAJEURE
For the purposes of these GCS, force majeure shall be declared when there exists any contingency, circumstance or cause beyond the control of the party making said declaration, including the following: riots, wars, civil disturbances, fires, floods, earthquakes, storms, explosions, strikes, closures, stoppage of machinery or factories and the impossibility of obtaining raw materials, equipment, energy or transport.
If, as a result of force majeure, either of the parties are unable to meet any contractual obligation (excluding the payment of sums owed), said party shall be released from said obligation, provided that it notifies in writing the other party and specifies the commencement and nature of the force majeure. The party declaring force majeure must provide immediate notification of the end of the cause that prompted said declaration.
LUCTA shall not be held liable by the purchaser for any losses or damage arising from breach of contract as a result of force majeure.
This clause applies to both LUCTA and the purchaser. Notwithstanding the foregoing sections of this article, if the force majeure should affect the purchaser it shall not be released from any of its obligations to accept and pay for goods that are acquired prior to LUCTA’s receipt of notification of said force majeure. Nor may the purchaser make a declaration of force majeure in order to delay the payment of sums owed.
If the cause of the force majeure should impede fulfillment of the obligation to deliver, LUCTA shall have the right to distribute, however it deems reasonable, the quantities of useful products among its clients in accordance with its own requirements.
16. WAIVER OF RIGHTS
The failure of either party to exercise any right to which they are entitled under these conditions shall not be taken to mean a waiver of same, nor shall it impede the exercising of said rights at any time in the future.
None of the parties may transfer rights or obligations arisen from concluded contracts without the prior written consent of the other party, with the sole exception being that LUCTA may carry out such a transfer, in full or in part (and having previously informed the purchaser), to any of the companies that form part of its corporate group.
LUCTA may transfer the debts of the purchaser without its consent.
18. CATALOGS AND DOCUMENTS
The information contained in the technical documents and catalogs shall be binding only when it is expressly stipulated in GCS.
All the documents provided by LUCTA to the purchaser shall be considered the exclusive property of LUCTA, and as such they are confidential and cannot be transferred to third parties nor copied, without prior written consent of LUCTA.
Unless required by the specific context, each stipulation in these GCS shall be taken as independent from the rest. If any stipulation is declared fully or partially null or unenforceable, this shall not affect the validity or enforceability of the remaining stipulations of GCS.
20. NOTIFICATIONS AND LANGUAGE
Notifications which the purchaser is required to make to LUCTA must be directed to the address shown on the acceptance of the order, or to that which is communicated to the purchaser. Notifications which LUCTA is required to make to the purchaser shall be directed to the address indicated by the latter or to the last known address thereof. Notifications shall be made by any means allowing for confirmation of their receipt, including e-mail.
In the event of any discrepancies between GCS’s texts written in Polish and those written in any other language, as regards the contract or any other documentation concerning the sale of goods, the text in Polish shall take precedence.
21. APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
Any contract that is subject to these GCS shall be governed by and interpreted in accordance with Polish law.
The parties agree to submit any claims to the jurisdiction of the Court in which LUCTA operates.
Address: C/ Serrano, 110 – 1ª Dpcho. 2 28006 Madrid (Madrid)
E-mail address: email@example.com
Telephone no.: 938458888
Registered in the Companies’ Register of Registro Mercantil de Madrid
At LUCTA, S.A., we recognise the importance of protecting your personal information and we are committed to processing it responsibly and in compliance with the data protection laws.
Personal Data is the information that identifies you or may identify you. Through the website, in the boxes that are stablished for that purpose, it is collected the personal data that the User provides us: Name, surname, email, telephone number, postal code, city, etc. In addition, it is collected all the personal data that the User voluntarily provides us through any of the social networks, of which the User is registered. In this case, the privacy settings will depend on both the configuration that the User established as well as the terms and conditions of the social network itself.
When a user visits the website, this does not mean that he/she has to provide any information about his/her personal data. However, if such information is provided, the data will be processed lawfully and subject at all times to the principles and rights contained in the GDPR 2016/679 of 27 April 2016 and the LOPDGDD 3/2018 of 5 December.
Purpose, duration and legitimation of the processing:
We will process the data provided to us by the user for the following purposes:
- To deal with the user’s application or request made using the contact form on the website. We collect and process the user’s personal data to enable us to process and manage his/her application, query or any request made using said form. We will keep these data for the time necessary to comply with the request and for the time established by law, with a minimum duration of 3 years.
- To manage the user’s registration and participation in the blog comments form on the website. These comments will be managed by the WordPress platform. We will keep the data given to us for as long as the user does not request cancellation of his/her subscription to the blog content, for the time established by law, and for a minimum duration of 3 years.
- To manage the experiences or opinions regarding the products and/or services through the user opinions that will be published on the website, and thereby help other users. The only personal data that will be published in relation to the user opinion will be the user’s name and town/city. We will keep the data given to us for as long as the user does not request that they be revoked, and for the time established by law, with a minimum duration of 3 years.
- To send circulars and newsletters about LUCTA, S.A. products. When we have the user’s consent, we collect and process his/her personal data to send him/her information about our products and services. We will keep these data for as long as the user does not revoke his/her consent to them being processed, for the time established by law and for a minimum duration of 3 years.
- To manage the CV/résumé sent by the data subject using the form provided for this purpose, and include it in the database of company candidates. These data will be kept for a maximum of one year, after which time the data will be blocked for the time established by law, with a guarantee that confidentiality will be fully respected both in their processing and subsequent destruction.
- To improve the user experience when browsing the website. We will keep these data for as long as the user does not revoke his/her consent to them being processed by deleting the cookies, for the time established by law and for a minimum duration of 3 years.
The legitimate basis for improving website browsing is the consent given by the user when accepting the cookies. The user has the right to revoke his/her consent at any time, without this affecting the lawfulness of the processing based on the consent given prior to it being withdrawn.
- To manage our social networks and send users information about our activities and products. We will keep these data for as long as the user does not revoke his/her consent to them being processed, for the time established by law and for a minimum duration of 3 years.
The legitimate basis for managing our social networks and sending users our activities and new features is the consent we are given to do so. The user has the right to revoke his/her consent at any time, without this affecting the lawfulness of the processing based on the consent given prior to it being withdrawn.
Assignment or communication of personal data and international transfers:
Your data will not be communicated or transferred to third parties unless there is a legal obligation, or to those service providers associated with the Controller which act as data processors.
Data will not be transferred internationally; if, at any time, this might be required, the user will be informed so that his/her consent can be obtained.
Updating of data
In order for us to keep the personal data up to date, the user must always inform us of any change in said data; if this is not done, we cannot be liable for the veracity of the data.
The user guarantees that the personal data provided are true, and guarantees that all the information provided corresponds to reality, is up to date and is accurate. He/she is obliged to communicate any modification thereto.
Third Party Data
If the user provides third party data for any purpose to LUCTA, S.A., he/she guarantees that he/she has obtained these data lawfully, has informed the affected parties in advance, has obtained his/her consent to communicate them, and that the information provided is accurate and true.
Compulsory nature of the information requested
Use of passwords
In order to access your account, the USER must “Log in” and include the email address and password generated in the registration form according to the complexity rules established at each moment on the web.
The users are responsible for the adequate custody and confidentiality of any identifiers and/or passwords that they have selected in the registration from, and they undertake not to assign their use to third parties, nor to allow their access to outsiders.
Likewise, it will be the obligation of the user to notify immediately to the Controller any fact that allows the misuse of the identifiers and/or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation.
Rights of data subjects:
You have the right to access your data and obtain confirmation regarding the processing thereof, as well as a copy of the personal data being processed. You have the right to update them and request that any inaccurate data be corrected, or request removal of the data when they are not necessary for the purposes for which they were collected. You may request a restriction in the processing of your data and object to them being processed by revoking your consent, and also exercise your right to data portability. Similarly, you have the right not to be the subject of decisions based solely on the automated processing of your personal data. You may exercise your rights by contacting us C/ de Can Parellada, 28 – 08170 MONTORNÈS DEL VALLÈS (Barcelona). E-mail: firstname.lastname@example.org
If you consider that your rights have not been duly respected, you have the right to lodge a complaint with the Spanish Data Protection Agency www.aepd.es
Processing of the data of Minors
Anyone providing data through the forms on this website and accepting the processing of such states that he/she is at least 14 years old. Access to, and use of the website is prohibited for anyone younger than 14. If, at any time, the Data Controller detects that a person younger than 14 years of age has provided personal data, we will cancel said data. In addition, parents or tutors may in any event write to LUCTA, S.A. to block any access account created by minors in their charge who have registered by falsifying their identity.
A cookie is a small file that is downloaded and stored on the user’s computer when he/she access a website. Cookies allow the website, amongst other things, to store and recover information on the browsing habits of the user or of his/her computer and, depending on the information they contain and the way in which you use your computer, they may be used for user recognition.
The user has the option to prevent the generation of cookies, by selecting the corresponding option in his/her browser program. You can obtain more information by reading our Cookies Policy.
Last update: 10/23/2020
1. Information on the controller for processing of the data housed on the official website of LUCTA, S.A. on the social network
2. Data of minors and the legally incapacitated
Access to, and registration on this social network is prohibited for those younger than fourteen (14) years of age. Similarly, those under the age of fourteen (14) are also prohibited from accessing and using the CONTROLLER’s official website therein. If the user is legally incapacitated, the CONTROLLER hereby informs him/her that the agreed assistance of his/her parent or legal guardian, or his/her legal representative, is necessary for access to and use of this official website of the CONTROLLER. The CONTROLLER shall be explicitly exempted from any liability that might arise from the use of its official website by minors and the legally incapacitated, with said liability resting with his/her legal representatives in each case.
3.Identification of the file controller’s business purpose
The user is informed that the CONTROLLER, with registered office in C/ Serrano, 110, 1ª Dpcho. 2 28006 Madrid (Madrid), is the controller for the files and processing by means of which the user’s personal data are collected and stored as a result of said user registering with and using the CONTROLLER’s official website, on this social network, without prejudice to the processing for which the owner of the social network in which our website is found is responsible.
4. Purposes for which the personal data, information and consent are collected
The personal data provided voluntarily by the user to the CONTROLLER, through its official website, will form part of data processing for which the CONTROLLER is responsible. The purpose of said processing is to offer the user information about the CONTROLLER, by e-mail, fax, SMS, MMS, social communities, or any other electronic or physical medium, present or future, which makes it possible to send commercial communications and newsletters to subscribed users, exchange information with the CONTROLLER and other users, and establish communication with third parties.
From the moment the user uses this official website, he/she provides his/her free, unequivocal, specific, informed and explicit consent for the processing of his/her personal data by the CONTROLLER, for the correct provision of said services in accordance with the terms of this policy.
The user is free to use the CONTROLLER’s official website, on this social network and, consequently, if the user does not agree with the processing of his/her data for said purposes, he/she must not use it or provide his/her personal data.
The user can use this, the CONTROLLER’s official website, to share texts, photos, videos and other types of information and/or content, which will be subject both to this policy and to the Standards and Conditions that apply to the Platform. The user shall be responsible for ensuring that all the content he/she publishes complies with the current legislation, this policy and the Platform Standards.
The user may only publish on this official CONTROLLER website personal data, photographs and information or other content for which he/she is the owner or proprietor or for which he/she has obtained the authorisation of third parties.
The CONTROLLER shall have the right to delete from this official website – unilaterally and with no prior communication or user authorisation – any content published by the user when he/she infringes or breaches the current legislation, the standards set out in this policy and the Platform Standards.
5. Identification of the recipients to whom the CONTROLLER is intending to transfer or communicate data
The user is informed that any information and content published on the CONTROLLER’s official website on the social network may be seen by all other users of the official website and the social network platform. Consequently, all the information and content published by the user on the CONTROLLER’s official website on this social network will be communicated to the other users by the very nature of the service.
The CONTROLLER only intends to transfer or communicate data to courts, tribunals, public administrations and competent authorities of an administrative nature that it is required to do by the current legislation.
6. Other third-party service providers
The CONTROLLER informs the user that this company is only the controller for, and guarantees the confidentiality, security and processing of the data under this policy for those user data of a personal nature that it collects via this official website on this social network; it cannot assume liability of any kind for subsequent processing and use of the personal data that might be carried out either by the owner of the social network or third-party information society service providers that might access said data through the provision of their services or the exercise of their activity, third parties establishing hyperlinks to the social network, or those controllers to whom the CONTROLLER refers users signed up to this official website via hyperlinks.
7. Quality of the data
The CONTROLLER informs users that, unless there is a legally constituted representation, no user may use the identity of another person and communicate his/her personal data; users must bear in mind at all times that they may only provide personal data corresponding to their own identity, and which must be appropriate, relevant, current, accurate and true. In any event, users must respect the privacy of third parties, whether or not the latter are users of the social network or of the CONTROLLER’s official website, on said social network.
8. Rights assisting the Data Subject:
- Right to withdraw consent at any time.
- Right of access, rectification, portability and erasure of your data and the right to restrict and object to them being processed.
- DRight to lodge a complaint with the Supervisory Authority (www.aepd.es) if you consider that the processing does not comply with the current legislation.
9. Other information of interest
The CONTROLLER may modify and/or replace this policy at any time; said policy may, depending on the case, replace, complete and/or modify the one currently published here. For this reason, users must access the policies periodically in order to stay up to date.
Users may contact the CONTROLLER using the social network’s internal messaging service, or by using the following contact addresses and details:
LUCTA, S.A.: email@example.com
Users may also consult the standards and policies published by the owner of the social network for use thereof.